Justice Department Resolves Claims that Atlantic Beach, New York’s Zoning Code Violated Religious Land Use Provisions

Today the Justice Department announced an agreement with the Village of Atlantic Beach, New York, to resolve allegations that it violated the Religious Land Use and Institutionalized Persons Act (RLUIPA) by enacting and enforcing zoning provisions that treat religious land uses worse than comparable secular uses.

"Zoning ordinances that single out religious uses for discretionary zoning permits while allowing secular gathering places as of right violate RLUIPA," said Assistant Attorney General Harmeet K. Dhillon of the Justice Department's Civil Rights Division. "The Justice Department is committed to ensuring that religious gathering places like synagogues, churches, and mosques across America are treated the same as secular places of assembly."

"The Religious Land Use and Institutionalized Persons Act prohibits local governments from imposing land use regulations that place unfair or discriminatory barriers on religious groups as compared to secular assemblies," said U.S. Attorney Joseph Nocella Jr. for the Eastern District of New York. "The Justice Department and my Office are committed to protecting the right of religious institutions to receive equal treatment under the law."

RLUIPA is a federal law that protects people and religious institutions from unduly burdensome, unequal, or discriminatory land use regulations. Among its protections is a requirement that zoning ordinances and zoning authorities cannot treat religious assemblies and institutions on less than equal terms with nonreligious assemblies or institutions.

The settlement agreement resolves claims that a Village zoning ordinance, which required that religious or educational places of assembly, but not nonreligious places of assembly, obtain a special exception permit from the Village's Board of Appeals, violated RLUIPA's equal terms provision. The settlement agreement follows resolution of a private lawsuit brought by an Orthodox Jewish organization, Chabad of the Beaches, which asserted that the Village's denial of its application to use a vacant commercial property for a religious facility violated RLUIPA.

Under the settlement agreement, the Village agreed to revise its zoning ordinance to remove the special exception requirement for places of worship and instead permit religious uses as of right in the Village's Residential (A) district. The settlement agreement also requires, among other relief, that the Village train its officials and employees on RLUIPA's requirements and establish a procedure for receiving and resolving RLUIPA complaints.

More information about RLUIPA and the Department's efforts to enforce it can be found on the Place to Worship Initiative's webpage. Individuals who believe they have been subjected to discrimination in land use or zoning decisions may contact the Civil Rights Division Housing and Civil Enforcement Section at (800) 896-7743, or through the online RLUIPA complaint portal. Anyone in the Eastern District of New York may also report civil rights violations to the Civil Rights Section at the U.S. Attorney's Office for the Eastern District of New York's Civil Division by calling (718) 254-7000 or emailing [email protected].